Powell et al v. Countrywide Bank, FSB et al

Filing 34

MEMORANDUM OPINION/ORDER dismissing without prejudice 1 complaint; directing clerk to close this case. Signed by Judge Paula Xinis on 12/19/2016. (c/m 12/20/2016 jf3s, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
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CHARLES A. POWELL and
JANIS P. POWELL,
Plaintiffs,

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v.

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Civil Action No. PX 16-1201

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COUNTRYWIDE BANK, FSB et al.,
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Defendants.
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MEMORANDUM OPINION and ORDER
Plaintiffs Charles and Janis Powell (“Plaintiffs”) commenced this action on January 21,
2016 by filing a complaint in the Circuit Court for Prince George’s County, Maryland.
Defendants timely removed the case to this Court pursuant to 28 U.S.C. §§ 1331, 1367, 1441,
and 1446. ECF No. 1. The complaint alleged various causes of action against Countrywide Bank;
Bank of America; Bank of New York as Trustee for Securitized Trust CWABS Asset-Backed
Certificates Trust 2007-13; Countrywide Home Loans; CWABS, Inc.; Countrywide Home Loans
Servicing LP; Mortgage Electronic Registration System (“MERS”); and Does 1 through 100
inclusive. On October 14, 2016, the Court granted a motion to dismiss pursuant to Rule 12(b)(6)
of the Federal Rules of Civil Procedure filed by Defendants Countrywide Bank, FSB, Bank of
America, N.A., Countrywide Home Loans, Inc., Countrywide Home Loans Servicing LP, and
MERS. ECF Nos. 32, 33.
At the time the Court granted Defendants’ motion, Plaintiffs had failed to demonstrate
proof of service as to Defendants Bank of New York as Trustee for Securitized Trust CWABS
Asset-Backed Certificates Trust 2007-13 and CWABS, Inc. within 90 days after the filing of the

Complaint. The Court thus ordered Plaintiff to show good cause within fourteen (14) days of the
date of that Order why the complaint should not be dismissed without prejudice as to these
Defendants pursuant to Fed. R. Civ. P. 4(m) and Local Rule 103.8.a. Plaintiffs have not
responded.
Accordingly, it is this 19th day of December 2016, by the United States District Court for
the District of Maryland, ORDERED that:
1.

the Complaint filed by Plaintiffs CHARLES A. POWELL and JANIS P. POWELL (ECF

No. 2) BE, and the same hereby IS, DISMISSED WITHOUT PREJUDICE with respect to
Defendants BANK OF NEW YORK AS TRUSTEE FOR SECURITIZED TRUST CWABS
ASSET-BACKED CERTIFICATES TRUST 2007-13 AND CWABS, INC.
2.

The Clerk will transmit copies of the Memorandum Opinion and this Order to Plaintiffs

and Counsel for Defendants and CLOSE this case.

/S/
PAULA XINIS
United States District Judge